Trial Attorney with Varied Clients

He hoped to play professional baseball but instead pitched client stories to juries; his career path involved many mentors and business changes. 

FAMILY BACKGROUND

BS was born in New Jersey, 7 years younger than his sister. His grandfather came to this country from Germany as a teenager, only able to find work as a waiter in New York City before he moved to Long Island, worked hard, saved money and bought a small farm which he soon lost in the Great Economic Depression of the late 1920s. BS’ grandfather married and had two children, the oldest was BS’ father, who earned an academic scholarship to college (NYU), where he met BS’ mother, the daughter of a school principal. 

BS’ mother was a schoolteacher. BS’ father joined the staff of an international business association. This work involved daily commuting from home into NY City via train or bus and frequent business travel across the US and occasionally to foreign countries. Later as an adult, BS tried to avoid commuting and traveling, preferring to work close to home whenever possible.

EARLY CAREER INTERESTS NOT A RELIABLE PREDICTION

In the 8th grade, BS wrote an essay for English class, describing his alternative goals for a future career: (1) pro baseball pitcher; (once trying out for the Chicago Cubs’ minor leagues but not offered a pro contract); (2) airline pilot (travel to interesting places); (3) archeologist (discover historical treasures!); (4) minister  (present sermons to the congregation so apparently BS was already not afraid to be a public speaker); or (5) FBI agent (pursue and arrest bad folks to create justice for the community). 

BOOKS AND TV CREATED AN INTEREST WHICH WAS LATER RECALLED

Several books read, television shows and a movie promoted BS’ high school years’ interest in lawyers and the legal system. On television, Perry Mason always won courtroom battles for his clients. In the “Dragnet” tv series, Sgt. Joe Friday’s investigation (“Just the facts, ma’am”) eventually led to locking up the guilty. (Modern versions of these earlier courtroom dramas are “Law and Order” and “NCIS”). On the movie screen, Henry Fonda, as Juror #8, swayed his fellow jurors through logical review of the evidence to acquit the defendant in “12 Angry Men.” Authors Louis Nizer (“My Life in Court”) and F. Lee Bailey wrote about their successful courtroom careers. Anthony Lewis” “Gideon’s Trumpet” well described any litigant’s need for capable representation.

MEDIOCRE ACADEMIC RECORD DOESN’T DOOM ALL CAREER PATHS

Never a dedicated, all-around student, BS worked hard in the courses which interested him (achieving A’s in writing and history) and just hard enough to pass math, science, and foreign languages. 

Looking back, BS now realizes he created his own academic problems by lack of self-discipline during each of his first years within a new academic setting: 

high school – ninth grade distractions were football and girls; required to attend summer school to improve freshman-year grades 

college – freshman distractions were fraternity and girls; required to attend summer school to pass biology (achieving an A with new focus)

law school – most significant challenge was adjusting to the “Socratic Method” of learning from questions posed by professors; first year distractions were several courses irrelevant to BS’ perceived future in the courtroom (e.g., property and future interests) plus missing his fiancé; on “academic probation” until improved grades in second year of law school. 

SOME EXPERIENCES PREVIEW FUTURE CAREER ABILITIES

Demonstrating early independence (rebellion?) from his father’s strict discipline, he enlisted just prior to high school graduation (age 18) in the Marine Corps’ Officer Training program without parental permission. He appreciated the USMC’s strong military reputation and later confided one motivation was to learn how to deal with high school bullies. (Epilogue – After completing USMC “boot camp” BS opted to get married and proceed to law school while serving in the USMC Reserves; his Sgt said: “Soldier, if the Marine Corps wanted you to have a wife, they would have issued you one!”) 

At Gettysburg College (having been declined admission at Duke, Bucknell and Rutgers due to poor HS GPA), BS joined a fraternity and during early days among his peer group of fraternity “pledges” he offered some ideas to deal with “initiation hazing” by the older fraternity members and therefore found himself elected President of the pledge class. (Noted here as an early indication of a comfort level standing up to older folks on behalf of others; such a personality trait is required for an eventual trial lawyer.)

TRIAL LAWYERS SHOULD BE WILLING TO SPEAK TRUTH TO POWER WITHOUT HOPE OF FULL, PROMPT VICTORY

During BS’ senior year in college, his fraternity offered membership to a male student who filled out the national fraternity’s enrollment data card, listing his religious preference as “Jewish.” When the national fraternity – which had never before declined any of BS’s local fraternity chapter’s membership nominations – but apparently none had ever mentioned their Jewish faith – declined to approve the local’s request, what to do? BS co-sponsored his fraternity’s vote to surrender their national fraternity membership and rename themselves as a local fraternity. Several decades later, BS doesn’t recall the votes tally, but it was defeated. So, BS made an appointment – without authorization from his local fraternity – to meet the college president, informing the president of this blatant discrimination, asking the college to intervene. The president said he was surprised to learn about such discrimination but “the college would not likely take any action because we need the fraternities to provide student housing but (I) will bring the matter to the attention of the college trustees. BS heard nothing further from the college. 

None of BS’ verbal protests put him in physical harm’s way like those who courageously rode ‘freedom’ buses or marched or ‘sat-in’ at lunch counters in racially segregated areas. Perhaps he could – and should – have done more. 

Later BS continued his personal activism by pro bono representation – to the disappointment of his ‘establishment-oriented’ law firm employers – of a minority-led community center in an impoverished city. 

Still later, BS led an effort to bring minority high school students from underserved distant areas to the local high school (the “A Better Chance” – ABC program) – if the school board would waive outsider-tuition to add only 9 new scholarship students to the student body of 1200. When the school board refused to waive tuition, SB campaigned for election to the school board, won and helped to change that policy, thereby providing initially 9 minority students (over 100 since the ongoing program commenced in 1976) the opportunity to gain a first-class high school education to prepare them to succeed at a college level if they chose to pursue further education. 

Throughout his career as a partner in different law firms, BS promoted cultural diversity for hiring attorneys and support staff. 

Editor’s note – Of course, it’s not necessary for every trial lawyer to advocate personal, strong views about fairness in society but those whose careers will focus on trying to persuade judges and juries, should be able to at least appear passionate for a cause, even if only temporarily.  

FIRST SAMPLE OF A CAREER EXPERIENCE CAN START THE PATH

In college, BS majored in psychology due to his interest in counseling people through their difficulties by first analyzing the underlying cause(s) of their problem(s) and then developing a solution. By chance, he was appointed to be a Trial Counselor to present evidence to the student run Honor Commission, which became his first experience presenting “legal arguments” to a quasi-Court.  

MONITORING EXPERIENCED PRACTITIONERS MAY BE HELPFUL (THOUGH THE RESULTING ASSESSMENT OF ONE’S COMPARATIVE ABILITIES, BASED ON ONLY ONE BRIEF OBSERVATION, MAY BE NAIVELY UNREALISTIC) 

For a college course on political science, BS attended one day of an actual courtroom trial with real attorneys presenting their cases to a local jury. Based on that extremely limited monitoring of a real-world trial, BS immodestly believed that he could do a better job than either of those two experienced lawyers. 

BS recommends that anyone seeking any type of career should experience its real-world activities on an extended basis, as an (unpaid or underpaid) intern to observe experienced practitioners over many or at least several days. 

Always interested in how civilization progressed from prehistoric “cave men” to present times, BS was fascinated by the development of our Common Law legal system as presented within “The History of England.” Consistent with his academic pattern, since BS enjoyed this history course, he devoted himself to the classroom lectures and assigned readings and essays, achieving an A while concurrently adding another factor to his choice of career path.

By the time he enrolled in law school, BS had decided to be a lawyer representing clients in courtrooms rather than doing other law work which would have been just as helpful to clients but less personally interesting: for example – drafting contracts and wills, attending real estate settlements and preparing corporate by-laws. Jury trials seemed more like a continuously interesting athletic competition instead of being confined to an office desk. 

BASIC REQUIREMENTS TO BECOME A LICENSED ATTORNEY

1. graduate from college and law school; 2. pass the state “Bar Exam” 3. avoid a serious criminal record; 4. understand and abide by all “Lawyers’ Professional Ethics” including maintaining client confidentiality, avoid conflicts of interest, maintain separate bank account for client funds not yet earned by attorney, accept only client work which you have time and experience to handle well, quote ‘reasonable’ fees, avoid involvement in crimes or lying or misrepresenting the facts or the law, comply with your jurisdiction’s annual minimum continuing legal education requirement and maintain legal malpractice insurance.

MENTORS’ ADVICE IS CRITICAL TO LEARNING ANY BUSINESS

BS’ law career was essentially a straight line of trying to improve his trial skills first from mentors (experienced trial lawyers) part-time during the school year, then after passing the Bar Exam (to be a licensed attorney), as a young “associate” lawyer assisting and observing experienced lawyers (good and bad) at depositions and in the courtroom, eventually representing clients by himself in jury trials, first for small dollar amounts, eventually when millions of dollars were at risk. 

TRIAL WORK INVOLVES MUCH PREPARATION BEFORE THE TRIAL

Representing clients in court, regardless of the amount of money at issue, requires dedication to the client’s best interests, an objective assessment of the risks and rewards available, making recommendations to the client regarding strategy but willingness to follow their instructions and earning the respect of the Judge and your adversary (even if they would never admit it) and the jury. All the while, the attorney must balance business and off-duty, personal relationships. 

LONG BEFORE YOU STEP INTO THE COURTROOM

The path of litigation usually takes at least a full year – and often two or more years – to complete all the steps in the legal process, not counting possible post trial appeals. The following scenario is a very brief outline of the process in a civil (not criminal) case:

A. First meeting with possible client – You are asked to represent client X. You meet to understand the client’s perspective of the problem: the facts and the story behind them. You assess whether you have sufficient legal experience to represent the client for that problem; if not, you enlist someone else within your law firm to either take over completely or work with you. You also assess whether you can trust that the potential client is being totally honest with you. Finally, you quote your proposed fee for representation (options, all of which are required by legal ethics to be “reasonable” are: hourly rate or a percentage of the claim if successfully collected or a “flat” rate, being one total charge); if the client concurs, the agreement must be written and signed, or mutual consent noted.

B. Investigation – You obtain and review all relevant documents. You might hire an investigator and/or one or several “experts” (e.g., an orthopedic surgeon to describe the injury and its prognosis for recovery or an industrial hygienist to offer an opinion about illness caused by air exposure to asbestos). 

C. Legal Research – You (or an associate) review all potentially applicable statutes and prior court decisions involving facts and issues similar to this situation. (This process is significantly aided by electronic data searches.)

D. Updates to client – As you gather facts and analyze the applicable law, you keep the client advised of your progress, including good news and bad news. You may have to advise client that his or her claim or defense has a poor prognosis for success so let’s discuss alternatives to trial.

E. File claim (or notice of defense) at the courthouse and direct service of legal papers upon the adverse people or business. Await their response and respond to it. This process focuses the legal issues to be resolved.

F. Pre-trial “discovery” – You issue “Interrogatories” (written questions) and “Request for Production of Documents” to your adversary attorney. You may also issue a subpoena to gather documents from sources who are not participating in the litigation. Then you schedule “depositions” which are the opportunity for all the attorneys to face parties and witnesses in person and ask them questions while they are under oath to answer truthfully. (Of course, some witnesses lie which presents the “fun” opportunity to confront the lying witness during trial “on cross examination” with more believable evidence to the contrary – to the delight of your client and hopeful persuasion of the jury; therefore, it’s important to assess early on whether your client is telling the truth, to avoid later embarrassment at trial.)

G. Meet with client for final assessment of chances to be successful at trial, either for promoting a claim or defending against a claim. This confidential discussion will guide future strategy during settlement negotiations and trial. 

H.  Settlement discussions – You call the adverse attorney(s) to discuss possible settlement of all claims, to result in a Release of all claims, signed by all parties (individuals and business representatives). This may involve a court-appointed mediator who offers an independent view of the strengths and weaknesses of every party’s case plus a recommendation for agreed settlement. If these discussions fail to achieve agreement, the next step is trial, either by arbitration, single Judge, or a Judge “presiding over” a jury trial. 

The role of the Judge is to impartially supervise the proceedings, rule on the admissibility of evidence and objections and instruct the jury about the law.

TRIAL STARTS TODAY!

Within the past several weeks, you have met with your client and each of the fact and expert witnesses you will present at trial, to review their testimony at the future trial. You have exchanged proposed trial documents with adverse attorneys. If you seek to disqualify any evidence from being admitted at trial, you have filed a Motion in Limine, to be resolved by the trial judge. Hopefully you have slept well the night before. 

You meet your client at your office and walk to the courthouse, proceed through security with your briefcase full of deposition transcripts, court filings, memos of law and your notes about strategy for this trial, which usually lasts at least one full week (5 business days) and often several weeks or even months. 

The court officer introduces the attorneys and the clients to the panel of dozens of potential jurors. The attorneys then review the brief questionnaire completed by each (potential) juror, who discloses name, residence, extent of education, current occupation, etc. Each attorney is permitted 5 “strikes” to eliminate 5 possible jurors (who you believe would be biased against your client’s evidence). When all the strikes are noted by the court officer and other jury panel members have been excused for some hardship (e.g., must attend to ailing family member), the court officer announces the identity of the 12 (may be less) members of the jury, who take their seats in the jury box and are sworn to follow the law. 

When the court officer announces that “Court is now in session, Judge “Smith” presiding, all present in the courtroom stand, out of tradition and respect for the court process. Also, by rising, all side conversations cease and full attention of everyone is directed to the judge. 

Next the attorney for the party seeking to win money damages, rises to stand in front of the jury and deliver his or her opening speech, which is limited to the evidence to be presented on behalf of his / her client (the “plaintiff.) This is followed by the defense attorney delivering his / her opening speech for the “defendant” with the same limitation: just outline the evidence without arguing about the other side’s evidence. (If the speaking attorney ignores this guideline, the adverse attorney may object and the judge may admonish the speaking attorney to keep the opening remarks within the proper boundaries; if so admonished, experienced trial lawyers have concluded that the offending attorney has already suffered a set-back with the jury, which forms early opinions on which attorneys and witnesses to believe and be persuaded by.)

Following opening speeches, the attorneys take turns presenting witnesses and documents to be admitted as evidence for the jury to consider. Then the attorneys present closing speeches to the jury (one at the time; the attorney whose client has the burden of proof speaks first and last) where there is more latitude for injecting arguments, but any such statements must be based on evidence presented at this trial. The Judge then outlines the law which the jury must apply to the facts which they find believable. Finally, the jury moves into their private jury room, discusses the law and evidence confidentially and returns so the jury foreperson can announce their verdict to the judge, the parties and to the public. 

SOME INTERESTING DAYS IN THE COURTROOM

During BS’ several decades representing clients in more than 70 jury trials, he was involved in varied civil and criminal law issues, including:

* First jury trial involved defense of a teenage driver delivering pizza, whose vehicle slid on “black” (invisible until you’re on it) ice and rammed an oncoming vehicle; successful defense based on the “sudden emergency” legal doctrine (and accusing the plaintiff of exaggerating his injuries to avoid military service)

* School bus driver ran over the arm of a girl at a bus stop

* Police shot a burglar who sued officer for excessive force

* Teenage carpenter paralyzed when barn collapsed all around him

* Car driven over a bridge guardrail, falling to railroad tracks below

* Electrocution of a construction worker

* Exercise induced kidney failure

* Rape of a mentally retarded resident in a “safe” group home

* Libel of a fired newspaper editor

* Exposures to asbestos, benzene, and mold (different trials for each)

* Steroid abuse by a professional (fake) wrestler

* Plaintiff lost leg from motorcycle accident 

* different “bad food” claims: shrimp and spinach

* Rape of a hitchhiker

* (Illegal) drug possession

* Insurance fraud (“accidents” were not accidental)

* Defense of an animal shelter over death of a cat claimed worth $50,000

* Breach of a partnership contract

* Dentist caught manufacturing synthetic cocaine

DIFFERENTS KINDS OF WITNESSES – FACT AND EXPERT 

There are two kinds of witnesses: (1) FACT witnesses are limited to testifying about what they directly saw or heard – subject to the ‘hearsay’ rules of evidence too complicated to review here. (2) EXPERT witnesses who present their opinion based on the facts. 

Qualifying as an Expert Witness – Individuals who have earned certain education degrees followed by either hands-on experience within a career field or relevant field research or a combination of both experience and professional investigation, are hired by lawyers to provide their expert opinion to assist the lawyers seeking to prove or defend against claims in court. 

Whether the individual hired as an expert consultant or court witness, could be qualified to testify as an ‘expert’ would – in all cases – be subject to the decision of the trial judge if the matter proceeded to trial.

Note that expert consultants / witnesses should be paid only for the time required to provide their opinions – reviewing the facts, preparing an opinion report and testifying at a deposition or trial. It is unethical for the consultant / expert to be paid based upon the successful court outcome using, in part, their opinion. 

Several examples of expert testimony presented in court by an attorney hoping to persuade the judge to permit the witness to testify as an expert and provide an opinion about the evidence will always be remembered- the first example from a day when the editor was listening to a court battle over a Will; the second example from a trial involving a dispute over a partnership and related financial damages.

Handwriting expert – An older gentleman took the witness stand in a lawsuit to determine whether a Will had been signed by the decedent or was forged by someone else. Before offering his analysis supporting his opinion, the witness must first be questioned about his qualifications within the field where he is presented as an expert who can offer an opinion beyond the ‘facts’ to which any witness can testify. Thus, the lawyer’s (L) questions and the witness’s (W) responses proceeded along the following lines: 

L – What schools have you attended, courses studied, degrees achieved? 

W – (names schools, courses, academic degrees)

L – Have you ever been involved with the F.B.I. for handwriting analysis?

W – I was the first FBI employee to devote full-time to handwriting analysis. I set up the FBI laboratory for handwriting analysis, where I devoted myself for over 50 years.

L – Have you offered, publicly, expert testimony in any court cases which those here in the courtroom today may have heard about?

W – I analyzed the handwriting of Bruno Hauptman in the Charles Lindbergh baby kidnapping case. I also analyzed the handwriting of Howard Hughes in his Will case. In each instance, the court qualified me as an expert witness to present my conclusions. 

L – In how many jurisdictions have you been accepted as an expert for handwriting analysis by other courts?

W – In all 50 states plus The World Court in the Hague, Amsterdam. 

L to opposing counsel – You may cross examine my expert witness about his qualifications.

Opposing counsel – No questions. 

Economist re breach of contract damages: 

L – Tell the judge and jury about your education degrees.

W – Harvard undergrad; Doctorate from Harvard Business School. 

L – What is your current employment?

W – Professor of Economics, U of Pennsylvania’s Wharton School of Business.

L – Have you received any academic honors?

W – I have written articles about economics, published within peer reviewed publications. In addition, I have been recognized several times by vote of the students as “Most Outstanding Professor”

L – Have you been hired for economic analysis by any governments?

W – Yes, by the City of Philadelphia and other U.S. government agencies. Also by  Japan’s Ministry of Finance. Most recently by the government of South Africa to advise how they could develop an economic system to fairly deal with their different industries, ranging from mining companies to energy producers and diamond exporters. 

L (to opposing lawyer) – Any questions about the qualifications of Dr. Inman as an expert economist witness?

Opposing witness – No. We stipulate to his qualifications as an expert witness. 

ETHICS – STAYING TRUE TO YOUR MORAL COMPASS

Editor’s note – In a perfect world, everyone is honest and treats each other with respect, always obeying the formal law and informal, cultural traditions. However, we don’t live in that perfect world so laws must be enacted and enforced for the benefit of public safety (e.g., stop at red lights) and public health (e.g., don’t sell cereal with mouse droppings). 

Some businesses and professions have adopted rules to govern themselves. Lawyers, for example, must not misrepresent the law to Judges and juries. And lawyers must not participate in ongoing or future fraud. 

An attorney is responsible for conducting his or her personal ‘due diligence’ review of the facts alleged to be true by the prospective client. Circumstances always differ but for example, where relevant, the attorney must review the basic documents likely to be involved, such as any police investigation, criminal records, prior litigation and contract documents. Additional investigation may include witness interviews and internet research. 

During his career as an attorney, BS became unintentionally involved in several notable moments when he had to decide whether it was ethical to continue representation and if not, to terminate his representation, including not earning further fees to be paid by those clients. The following are two examples: 

• An adult asked BS to draft a Will for the adult’s aunt. Ok, so far but BS became concerned when the Will would leave the aunt’s entire estate to the nephew. So, BS insisted upon meeting with the aunt – in person – to assure himself that she was mentally competent to understand what she was about to do (e.g., did she know the full extent of her family members? Were there charities which the aunt would like to consider as partial beneficiaries?). After the meeting, BS was comfortable about proceeding to prepare the Will. However, when the same nephew asked BS to meet with another aunt to prepare another Will leaving everything to him, BS declined to proceed, concluding that such an arrangement did not pass his “sniff test” i.e., if I’m not comfortable possibly having to explain the situation to a judge in a future Will contest, then don’t proceed now. 
• An out-of-state attorney asked BS to represent his corporate client to defend a claim that its product did not meet industry standards, which the corporation knew or should have known before it sold its products to a housing development, which now claimed it had to replace thousands of dollars of roofing materials purchased from the defendant corporation. When BS first met the corporate representative (‘CR’) and drove CR to the housing site, CR asked BS to stop near a dumpster, whereupon CR ran from the car, jumped into the dumpster, and retrieved a piece of plywood. This may have been clever investigation by CR if no attorneys were involved but since the plaintiff housing developer was represented by legal counsel, a lawsuit had already been filed and court rules provide only certain ways to obtain investigation materials, with notice to all adversaries, BS told CR that plywood piece must be discarded immediately and not used for any purpose in this litigation. CR assured BS that would be done but didn’t want to now be caught returning the plywood to the dumpster. Later in the litigation, BS learned from adverse counsel that the plywood manufacturer had lost a lawsuit in another jurisdiction, based on essentially the same facts, which the client had not disclosed to BS. So, BS advised CR’s supervisor that he would not represent the plywood manufacturer in court because he could no longer trust being fully informed of all relevant facts, but BS would remain willing to try to settle the claim within any financial authority which the supervisor was willing to extend. After negotiations with the housing developer’s counsel, the claim settled, angering CR. 

THE BUSINESS OF THE LAW

Rookie lawyers in modern days never start by themselves as ‘solo practitioners’ – the law is too complex to jump into the profession without at least a few years’ experience while serving under a mentor / employer. 

The first several years (7 years in large, well-established law firms) are served as an ‘Associate” performing legal research and other assistance to law firm partners. The best law firms carefully train associates by letting them observe, then gradually perform tasks on their own, under the constructive guidance of partners. 

Junior partners are essentially partners in name only, with little influence over their assigned tasks and compensation. Senior partners control all aspects of the law firm, from hiring to management to determining compensation. 

For all levels: associate through partner, ‘practicing law’ is always more than a  weekday, 9 to 5 job. 

The best law firms establish a team approach among all the attorneys and support staff (paralegals, secretaries, human relations, technology, etc.). The worst law firm experiences involve partners focusing on their personal compensation while ignoring stressful competition among everyone else. 

During BS’ 52 year career, he experienced law business environments of both the best and the worst. He prefers the best over ‘swimming with sharks.’  

TAKING BUSINESS RISKS

While BS’ progress as a trial lawyer was essentially in a straight line from law clerk to young associate to senior counsel, he felt it necessary several times to take a business risk by moving from one law firm to another, for a variety of reasons: fairer compensation for himself and his legal staff and/or better support for his clients and staff, always toward achieving mutual respect among fellow law partners. He wanted to be associated with honest, hard-working men and women attorneys who would provide first class legal representation while concurrently promoting racial and ethnic diversity within the legal staff, with support of voluntary legal services for the indigent.  

RECOMMENDATIONS TO BE A SUCCESSFUL TRIAL ATTORNEY

1. Be a gracious winner; (You will likely face the same opponent again.)

2. Be a gracious loser; (Anyone who claims to have won every trial is a liar or hasn’t tried more than one through jury verdict.)

3. Show respect for the trial judge; (The jury already does.)

4. Understand how to present the most believable witnesses and client story to the jury. (You may need to practice speaking sincerely and persuasively to strangers – if the jury doesn’t believe you or your witnesses or if you cannot explain complex situations in terms a jury can understand, your case will be lost.)

5. Develop the confidence and diplomacy to inform a client that his or her facts and applicable law would result in a “dead loser” if presented at trial, followed by a presentation of reasonable alternative strategies. 

6. Learn how to cope with the pressure of having to immediately deal – while standing in a courtroom with all eyes upon you – with unanticipated events.  (Some law school grads may prefer to sit while pondering legal issues in the comfort of their quiet office.)

7. Understand that any legal practice is not a 9 to 5, weekday only, career; as BS’ law school Dean warned all new students: “The law is a jealous mistress!” – meaning lawyers must keep up with changes in the law and be promptly responsive to all clients. Away from their office or courtroom, lawyers often find themselves thinking about their clients’ cases while mowing the grass or watching the Phillies blow another 9th inning lead! 

CAREER SATISFACTION

Legal training enables a lawyer to help people who need assistance solving problems. The important and believable facts need to be obtained and organized, then compared to all potential options permitted by law. This requires critical thinking to organize significant facts and then having the independence to help the client (e.g., by drafting a document or representing them in litigation) or to advise the client that the applicable law is not in their favor. 

Jury trials offer the opportunity to continue a type of athletic competition because a litigator must stay in good mental and physical shape to be effective in the courtroom. Winning for the client is maximum fun but the lawyer must have self-discipline to proceed only within the boundaries of professional ethics. 

Among many career goals, the highest honor is to earn the respect of your clients, your co-workers (ranging from law partners, associates, and non-legal staff), Judges and sometimes your adversaries. 

COMMUNITY SERVICE OPPORTUNITIES

During off-duty time and/or post retirement years, lawyers often serve as volunteer (unpaid) advocates for a group and as counselors for individuals. Of course, these opportunities to serve others are not unique to lawyers but by virtue of career training and experience, lawyers are well suited to perceive a need, analyze the critical issues and persist in a path toward a resolution.  

Many elected government officials (ranging from Borough / Township Council to State legislator and Congress (U.S. Representative or Senator) began their careers as lawyers before they became lawyer / politicians. BS had several opportunities to divert his courtroom career to politics:

• After working with a non-profit corporation to develop a low-income housing project in an economically challenged, urban area, the housing consultant offered to have BS appointed Director of the Philadelphia Mint. Unknown to BS, the housing consultant was a rising star in local politics, who would later be elected Mayor of Philadelphia. BS declined. 
• After running a successful election campaign for school board, where his political affiliation was greatly outnumbered by his opponent’s political affiliation among eligible voters, BS was approached by members of one of the state’s political committees, asking if BS would be interested in running for State Representative. BS declined. 

Looking back, BS has no regrets in continuing his career in litigation, rather than pursuing a political path, which would have had a major disruption of his family life. However, such a path needs to be pursued by others, hopefully putting voters and the country ahead of any personal interests. There are plenty of opportunities to help improve society while balancing your personal life. 

Examples of BS’ community service include pro bono counsel for community organizations (Domestic Abuse Project and Banneker Community Center), coaching within the town’s youth recreation program, co-founding a local chapter of A Better Chance (a national program enrolling minority students in local high schools to prepare them for college), election to School Board, President of a parent / teacher organization, leadership with Volunteers in Parole and guest lecturer regarding local, state and federal government differences.